The proof of demand of illegal gratification is essential to establish the offence under the Prevention of Corruption Act, and mere recovery of the amount is not sufficient to prove the charge.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 378 of Criminal Procedure Code, praying to set aside the judgment of acquittal dated 13.04.2015 in Special Case No.11/2010 on the file of the Court of Special Judge, Cuddalore and to convict the respondent/accused charged.)

1. Appeal by State against the judgment of acquittal.

2. This Criminal Appeal is to set aside the judgment dated 13.04.2015 made in Special Case No.11/2010 on the file of the Court of Special Judge, Cuddalore and to convict the respondent/accused charged.

3. The case in brief, leading to the filing of the above appeal, is as under

(i) The respondent/ accused D.Sakthivel was working as Commercial Inspector, Office of the Assistant Engineer, TNEB, Town/Cuddalore Port, Cuddalore.

(ii) On 11.09.2009, at about 10.30 hours at the office of the accused (Assistant Engineer, TNEB, Town/Cuddalore Port] the accused demanded Rs.1,000/- from one M.K.Nowshath Ali, S/o.H.M.Mohamed Kasim, No.54/78, Pallivasal Street, Cuddalore O.T., Cuddalore District, for himself as gratification other than legal remuneration as a motive for doing his official act of visiting the site and offering his remarks.

(iii) Pursuant to the aforesaid demand, on 17.09.2009 between 11.55 hours and 12.00 hours at the above said office of the accused, the accused reiterated the said demand Rs.1,000/- as gratification other than legal remuneration from M.K.Nowshath Ali.

(iv) In the course of same transaction and at the same time and place, the accused being a public servant, by corrupt and illegal means and abusing his official position obtained the above said sum of Rs.1,000/- as pecuniary advantage for himself from the said M.K.Nowshath Ali.

(v) The Charge sheet was filed before the Court of Special Judge, Cuddalore and the same was taken on file vide Spl. Case No.11 of 2020.

(vi) To prove the case, the prosecution has examined 8 witnesses, exhibited 19 documents and marked two material objects. The defence did not examine any witnesses, but marked two exhibits from the prosecution documents itself and did not mark any material objects.

(vii) The Court of Special Judge, Cuddalore after full-fledged trial was pleased to acquit the respondent/ accused for the offences under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 in Special Case No.11/2010 by its judgment dated 13.04.2015 and hence, the appeal

4. The learned Government Advocate would contend that the trial Court has not considered that the presumption under Section 20 of the Prevention of Corruption Act, being legal and mandatory presumption, necessarily has to be invoked on the facts and circumstances of the case.

5. The finding of the trial court with regard to PW4 is not supported by evidence. The finding of the trial Court on Ex.P4, Entrustment Mahazar has no bearing on the charge and hence, the learned Government Advocate would contend that the positive evidence has been let in by the prosecution by way of PW2, PW3-official accompanied (Shadow witness) and PW8, the Trap Laying Officer.

6. The learned counsel for the accused/respondent made his submissions in support of the judgment of acquittal passed by the trial Court viz., Special Judge / Chief Judicial Magistrate, Cuddalore.

7. After hearing the rival submissions and perusing the documents filed before the trial Court, I find that the accused D.Sakthivel, was working as Commercial Inspector, office of the Assistant Engineer, Tamil Nadu Electricity Board, Town/Cuddalore Port, Cuddalore O.T., Cuddalore District and as such he was a public servant as defined under Section 2 (c) of the Prevention of Corruption Act, 1988.

8. The case of the prosecution as per the final report and the evidence adduced before the trial Court is that on 11.09.2009 at about 10.30 hours at the office of the accused, the accused had demanded Rs.1,000/- from the defacto complainant-M.K.Nowshath Ali, S/o. H.M.Mohamed Kasim, No.54/78, Pallivasal Street, Cuddalore O.T. Cudda